Rashid Paul

Creation of posts govt’s prerogative, not anybody’s right: HC

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Srinagar, Mar 22: Creation of posts in government departments is within the domain the executive machinery of a state and that nobody can claim creation of the post as a matter of right for furtherance of his or her interests, the J&K High court said today while dismissing a petition by food inspectors.

In a writ petition by Food Inspectors in the Drugs and Food Control Organization of the state, the High Court today observed that creation of posts in government departments is within the domain the executive machinery of a state to be made in terms of the requirement.

While dismissing the petition, Justice Ali Mohammad Magrey said that nobody can claim creation of the post as a matter of right for furtherance of his or her interests.

Petitioners were aggrieved of the creation of the post by the state government in Drug Organization made vide government vide order No. 638-HME of 2018 dated 26.11.2018.

Petitioners were also upset by the action of the government in having them re-designated as Food Safety Officers in tune with the mandate of the application of the Food Safety Standards Act and Rules 2006.

They submitted that they are having hardly any chances of promotions in view of the non-availability of sanctioned posts and pleaded for creation of more posts.

While adjudicating the matter, Justice Magray, however, said that the petitioners are entitled to the service benefits which are accrued to them in terms of the service recruitment rules.

The bench was informed by the official lawyer that the proposal for change in nomenclature of the post of the petitioners is pending with the government.

The bench made it clear that no relief with reference to creation of the posts can be granted. However, it directed the respondent government officers to consider the proposal of the Commissioner Food Safety made on October 17, 2018 for change in nomenclature of the post in tune with the mandate of the law.

The writ petition was accordingly disposed off “along with interim orders, if any”.

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